Part A applies to all Partners. This includes you sharing information: (i) about transactions for regulatory or compliance purposes in the form and manner set forth in the Payments Platform Developer Guidelines or as may be otherwise requested from time to time; (ii) that Shopify deems necessary, in our sole discretion, for the management and maintenance of Shopifys ecosystem; (iii) that Shopify deems necessary, in our sole discretion, to conduct our risk management process. The access provided to the Payments Apps APIs is to be used only by the Payments Developer to which access was granted. WebShopify Fulfillment Network (SFN) is a fulfillment service that you can use to store your inventory and fulfill orders. The Theme Developer selects the purchase price for the Theme, provided that the price is within Shopifys current Theme pricing guidelines. Access to and use of the Shopify API is governed by the Shopify API Terms. ), Shopify Inc. (Shopify Inc.) and Shopify Commerce Singapore Pte. From time to time Shopify may designate certain of its Experts and Partners as a Plus Partner, to be listed on the Plus Partner Program site. Shopify will have no liability for any harm or damage arising out of or in connection with a Beta Service. Jun 28, 2023 1 minute read Last year, we shared that we were evolving Shopify Unite to a series of events in cities around the world. Shopify makes no warranties about the Shopify Partner Program, the Experts Program, the Plus Partner Program, the Service, the Shopify API, the Shopify Trademarks, Ads, or the Shopify Creative. Without limiting the foregoing, Shopify further disclaims all representations and warranties, express or implied, that the Service, the Shopify API, the Shopify Trademarks, the Shopify Creative, or the Shopify API (including without limitation the Sales Channel SDK and the Shopify Billing API) satisfy all of Partners or Merchants requirements and or will be uninterrupted, error-free or free from harmful components. If at any time, in Shopifys sole discretion, the Channel Application fails to meet the Integration Requirements, Shopify will have the right to: (i) delay acceptance of the Channel Application until all Integration Requirements are met, or (ii) terminate Channel Developers access to the Sales Channel SDK. Payments Developer must provide Shopify with any changes or updates to how they collect and use data in connection with their Payments Application. To start, you will need to request some additional permissions, based on whether you are building a fulfillment service or order management app. Different Packaging for Different Products 3. Either Shopify or Partner can end this agreement at any time by providing notice to another Party. Both Shopify and Partner are non-exclusive to each other and each can enter into similar arrangements with others, as long as that Party does not use the other Partys confidential information. In case something serious happens outside the control of either Shopify or Partner, both will be excused from performance of duties to the extent that such event affects either Partys ability to perform such duties. The Federal Trade Commission in the United States (FTC) has guidelines for governing endorsements and testimonials. PART B: Section 6 (Relationship between VAP and Merchant); PART C.2: Section 4 (Reporting and Audit); and. If the balance owed to Shopify is less than USD $1,000, App Developer may defer payment until the outstanding balance at the end of a payment period is USD $1,000 or more. Unless defined elsewhere in the Agreement, capitalized terms set out in the Agreement are defined as follows: Ads means advertisements created by Developer and placed in the Shopify App Store through the features set forth in the Partner Dashboard. Flexport will partner with Shopify to provide in-app fulfillment services, so online sellers that use the Shopify Fulfillment Network can continue to manage their If such audit reveals non-compliance by App Developer with the terms and conditions of this Agreement the independent auditor appointed by Shopify will provide Shopify and App Developer with a report (along with supporting documentation) indicating the amount by which App Developer has overstated or understated the payments due by App Developer and any other failures by App Developer to fulfill its obligations under the Agreement. Fees. A Plus Partner is a Partner who has met the Shopify Plus Partner criteria and has been accepted by Shopify into the Shopify Plus Partner Program, has signed a Plus Partner Program addendum, and is listed on the shopify.com/plus/partners. Partner Account means a Shopify Partner Program account. This Agreement governs your activities as a Partner, including access to the Partner Dashboard and participation in the activities described on the Partner Program website. Partner will comply with all applicable laws and highest industry standards. Each of Partner and Shopify a Party, and together the Parties. Partner agrees to indemnify, defend and hold harmless Shopify and any Shopify Related Entities and the directors, officers, employees, subcontractors and agents thereof (each, an Indemnified Party, and collectively, the Indemnified Parties), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys fees (collectively, claims), to the extent that such claim is based upon or arises out of: (a) Partners breach of any representation, warranty, obligation or covenant under this Agreement; (b) Partners gross negligence or wilful misconduct; (c) any warranty, condition, representation, indemnity or guarantee relating to Shopify and Shopify Related Entities granted by Partner to any Merchant, prospective Partner or other third party; (d) Partners use of the Shopify API, (including without limitation the Sales Channel SDK and Shopify Billing API); (e) Partners breach of any term of this Agreement (including any documents it incorporates by reference) or a Merchant Agreement; (f) any third party claim that Partners products or services, including without limitation any Application, Theme, or Channel Platform infringes the intellectual property or other rights of a third party; (g) Partner Taxes, including any audits or penalties related thereto; (h) the performance, non-performance or improper performance of the Partners products or services, including without limitation, any Application or Theme or Channel Platform; (i) Partners relationship with any Merchant; and (j) any breach of applicable law by the Partner. Payment Gateway Developer represents, warrants, and covenants that, where applicable, it will at all times be certified as compliant with all provisions of the Payment Card Industry Data Security Standard (PCI-DSS) or any successor standards or requirements applicable to its performance as a Payment Gateway Developer under this Agreement. Payment Period has the meaning as set out in Section 3.2. Partner Program means the resources made available by Shopify to Partners. This holds partners back from a better, more accurate, way to fulfill and manage orders and makes it difficult for merchants to have visibility and control over their inventory and fulfillment. Experts must follow all Shopify guidelines set out here, as well as Experts Marketplace Guidelines to continue to access the Experts Marketplace. Merchant Data and Customer Data is Shopifys Confidential Information. Experts may not solicit or permit reviews that are fake, inaccurate, irrelevant, misleading, being used improperly for commercial gain, posted in exchange for a financial or other gain, posted multiple times (whether from the same or more than one account), misleading as to the reviewer's identity or their connection to the Expert being reviewed, or reviews that contain or link to prohibited or illegal content. The Theme must not infringe any third party rights. By testing out Fulfillment Orders in a dev store, you can catch any potential issues before launching on production, saving yourself the hassle of needing to make multiple updates while ensuring merchants have a seamless experience. If you provide Shopify with Feedback about the Partner Program, Shopify API, Shopify Creative or the Service, we will own this Feedback and we can use it without restriction. This is partly because of the way product inventory interacts with a few different components across a merchant's store (products, fulfillment, local pickup/delivery, etc. Shopify may at its sole discretion remove your Payments Application from Shopifys public list of payment gateways, suspend or terminate your access to the Payments Platform and your participation in Shopifys payments ecosystem, or take any other action that we deem necessary for the violation of any clause in this Section Additional Terms Applicable to Payments Developers. For the avoidance of doubt, this Section does not preclude the termination rights set forth in Section 4 Termination of this Agreement. In any event, Shopifys, and the Shopify Related Entities, liability to Partner under this Agreement for any reason will be limited to the Fees paid to Partner by Shopify during the six (6) month period immediately preceding the event giving rise to the claim for damages. Any reference to the Agreement includes any and all terms and documents incorporated by reference. Application or App is defined in the Shopify API Terms. When she isn't sharing kick-ass products and features with our developer community, she likes to spend her time podcast listening, hanging around coffee shops and looking for dog friends. Settlements. Partner will not submit any Feedback that it considers confidential or proprietary. In addition to the foregoing audit rights, Shopify will also have the right to use the capabilities of the Service to confirm the revenue associated with Apps offered by the App Developer. Notwithstanding Section 5.2, Partners will not: use the Shopify Trademarks or variations or misspellings thereof in Partners business name, logo, branding, advertising, social media or domain name (including without limitation top-level domains, sub-domains and page URLs), products or services (including without limitation, in the name or design of any Application or Theme), unless granted express written permission by Shopify in advance of each use; or. Please read the entire Agreement for the complete picture of your legal requirements. Click and drag the icon next to a location and reorder Shopify will bear all of the costs of any such audit, unless such audit reveals underpayment by, or overpayment to, Expert by more than five percent (5%) for the audited period, in which case, Expert will reimburse Shopify for all of the reasonable costs of such audit. Upon learning of the Data Breach, at its own cost, Partner will: (A) promptly remedy the Data Breach to prevent any further loss of Merchant Data; (B) investigate the incident; (C) take reasonable actions to mitigate any future anticipated harm to Shopify, the Shopify Related Entities, Merchants or Customers; and (D) regularly communicate the progress of its investigation to Shopify and cooperate to provide Shopify with any additional requested information in a timely manner. Theme Developers must follow all Shopify guidelines set out at https://shopify.dev/themes/store/requirements with respect to their Theme. Shopify reserves the right to modify the Fees or the payment terms at any time upon reasonable advance notice to Partner. Under the Reference Plan, a Partner is entitled to a percentage of certain revenue received from such Referred Merchant, to be determined by Shopify in its sole discretion, with Shopify being entitled to the remaining percentage.
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